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Extent Of Influence Of Public Policy Over Subject-Matter Arbitrability: The Anupam Mittal Case




Elluri Srinitha Reddy, Shashank Renwa & Aman Goyal, Symbiosis Law School, Pune


ABSTRACT


The recent case of Anupam Mittal has resurfaced critical debates on public policy and arbitrability in cross-border arbitration. Through analyzing arbitrability under Indian law, the role of anti-suit and anti-anti-suit injunctions, and comparative practices like Hong Kong's treatment of shareholder disputes, this paper critically examines the tension between party autonomy and sovereign regulatory interests. The case underscores the growing need to balance pro-arbitration principles with the realities of enforceability under divergent public policy frameworks across the globe. It further attempts to solve this dilemma between different arbitration policies of various countries by exploring possible solutions.


Keywords: Arbitrability, Public Policy, International Arbitration, jurisdiction



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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